- University of Maribor, History, Faculty Memberadd
- Early Modern History, Medieval Studies, Cultural History, Social History, History of Law, Notary, and 52 moreEconomic History, History of taxation, Mediterranean Studies, Venetian History, Istrian history, History of the Adriatic, Vendetta (Late Medieval Italian), Vendetta (Early Modern History), History of Media and Mediation, Nationalism And State Building, History of Nationalism and Nation-Building, Istria e Dalmazia, HISTORY OF CRIME AND LAW, Medieval History, Croatian History, History of Venice, Dalmatian history, Medieval urban history, Urban History, Legal Anthropology, Early Modern Europe, History of Crime and Punishment, Legal History, Venice and the Veneto, Medieval Dubrovnik (Ragusa), Feuding, Republic of Venice, Early Modern Italy, Cultural Intermediaries In The Early Modern Mediterranean, Medieval Croatian History, History of Crime and Criminal Justice, History of Everyday Life, Medieval Church History, Renaissance Studies, Historical Sources, Italian (European History), History of Violence, History of Humanities, Christoph Martin Wieland, History, Philosophy, Anthropology, Cultural Studies, Art History, Social Sciences, Sustainable Development, Research Methodology, Artificial Intelligence, Literature, Archaeology, Sociology, and Gender Studiesedit
- Darko Darovec’s work based on large amounts of unpublished primary archival sources, preserved in archives and librar... moreDarko Darovec’s work based on large amounts of unpublished primary archival sources, preserved in archives and libraries in Koper, Piran, Venice, Ljubljana, Trieste, Vienna, Rijeka and Pazin. On the basis of his research over the last few years he presented the complex image of the borderland issues and the structure of conflicts and crises in the Adriatic region (f. e. the book A Brief history of Istra, which was also reprinted and translated into languages: English, Croatian, Italian). Long-term experience in the fields of social, economic and cultural history of Istria and Northern-Adriatic region during the Middle Ages and especially in early modern period present the basis of his work which is also influenced by his studies of different sources and literature published within the Adriatic region and elsewhere. His main field of research are: medieval and modern history of Istria, Slovenia and Mediterranean, with a special emphasis on law history, history of culture, society and economy. Currently in the frame of his projects is dealing with European customary systems of conflict resolution (project FAIDA - Marie Curie Actions 7th FP EU, at Ca' Foscari University Venice) and in the context of research program The past of North Eastern Slovenia and neighbouring regions of Austria, Hungary and Croatia (at University of Maribor) is dealing with Slovenian modern history, especially from the interdisciplinary perspective of the Slovenian nation and state bulding, and with different forms of representations of cultural memory within research projects "Cultural memory of Slovene Nation and State building" and "The Contemporality of the Understanding Context and the Expression of Personal and Social Freedom", financed by Slovenian Research Agency.edit
- Mentorships of 7 PhD's., He was a reviewer of study programs and research projects in the field of historiography, at the request of the competent ministries of the Republic of Croatia (2010-2012). edit
RUOLO DEI VICEDOMINI ISTRIANI NELLA REDAZIONE DEGLI ATTI NOTARILI IN RAPPORTO AD UFFICI AFFINI DELL'AREA ADRIATICA DAROVEC Darko, "Ruolo dei vicedomini istriani nella redazione degli atti notarili in rapporto ad uffici affini... more
RUOLO DEI VICEDOMINI ISTRIANI NELLA REDAZIONE DEGLI ATTI NOTARILI IN RAPPORTO AD UFFICI AFFINI DELL'AREA ADRIATICA DAROVEC Darko, "Ruolo dei vicedomini istriani nella redazione degli atti notarili in rapporto ad uffici affini dell'area adriatica", Acta Histriae, 18 (4), 2010, p. 789-822 SINTESI Lo studio dell'istituto del notariato nell'Istria nord-occidentale e il confronto con l'attività di questa istituzione nei territori dell'Adriatico settentrionale, soprattutto orientale, hanno portato ..
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The article is based on an original analysis, and reinterpretation of two documents from 1238 and 1239, which are the first to mention the Koper statutes, but have thus far received only sporadic mentions in historiography, and on the... more
The article is based on an original analysis, and reinterpretation of two documents from 1238 and 1239, which are the first to mention the Koper statutes, but have thus far received only sporadic mentions in historiography, and on the study of archival sources of the Venetian Senate from the Senato Misti collection for the period after the Koper rebellion against Venice in 1348 until 1394, when the Doge of Venice reconfirmed the Koper statutes. It is established that at least since 1238 the commune of Koper acted according to its already branched statutes, and were, with some further redactions, in force until 1348, when, due to the rebellion of Koper, they became disregarded by the Venetian authorities until 1358, along with the abolishment of the city's Major Council and all Koper city offices. After 1358, the sources testify that the Venetians restored the Koper City Council and offices, but not the statutes, although some statutory provisions are taken into account in individual administrative or judicial cases. The Koper statutes officially came into force again only in 1394, and a slightly modified redaction appeared in 1423, however, in both cases without the right of the citizens of Koper to exercise criminal justice and the defense of the city, which remained in the exclusive domain of the Venetian podestà and captain until the end of the Venetian Republic in 1797.
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Dušan Podgornik (1956-2010) In Memoriam
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The paper discusses intelligence activities of the Venetian Republic and their significance and range in the Adriatic region during the year 1499. The main source used were the notes in the Diaries (I Diarii) by the Venetian councillor... more
The paper discusses intelligence activities of the Venetian Republic and their significance and range in the Adriatic region during the year 1499. The main source used were the notes in the Diaries (I Diarii) by the Venetian councillor Marino Sanudo, perhaps representing the single most important source covering this topic in this time period. Apart from this document and relevant scientific literature some other published and unpublished documents were used. The year 1499 was chosen due to the general significance of events taking place during this year in the region discussed. That was the time of the last Ottoman invasion of Friuli in the heart of the Venetian mainland, taking place during the first year of the Venetian-Ottoman War (1499-1502). This very military combat was the last one wherein both sides engaged in intensive warfare throughout the entire Adriatic region as well as the Venetian mainland. At the same time it represented an acknowledgement of the Ottoman military s...
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Research Interests: Economic History, Tax Policy, Olive Oil, Smuggling, Oil Production, and 5 moreIstra, Istria, Modern Era, Mere, and novi vek
The documents concerning the feud between the Patriarch of Aquileia and the Counts of Gorizia (1267–1277) are evidence of how written laws show that the ritual forms and gestures of the customary system of confl ict resolution were not... more
The documents concerning the feud between the Patriarch of Aquileia and the Counts of Gorizia (1267–1277) are evidence of how written laws show that the ritual forms and gestures of the customary system of confl ict resolution were not only maintained but were regularly inserted into the ritual formulas of written law. Above all they document how the customary system of confl ict resolution, in its ideal image and through rituals, refl ected social values based on the mediation of the community, reciprocity and the propensity to achieve a lasting peace. This is a general structural aspect of confl ict, while the local or particular aspect is shown concretely through the struggle for resources, in the interweaving of single circumstances, where those who succeed in forming the greatest number of loyalties, diff er-ing and often contrasting alliances, are the ones who prevail. In our case this was clearly better accomplished by the Counts of Gorizia than by the Patriarchs of Aquileia. SINTESI I documenti relativi alla faida tra il patriarca di Aquileia e il conte di Gorizia (1267– 1277), testimoniano che concetti espressi dalle leggi scritte mostrano come le forme e i gesti rituali del sistema consuetudinario di risoluzione dei confl itti non si fossero soltanto mantenuti ma fossero stati prontamente inseriti nelle formule rituali del diritto scritto. E non solo, ma soprattutto il sistema consuetudinario di risoluzione dei confl itti che, nella
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DAROVEC Darko, Auscultauerint cum notario. Notai e vicedomini istriani all'epoca della Repubblica di Venezia, Venezia, Libreria Editrice Cafoscarina, 2015. DAROVEC Darko, Auscultauerint cum notario. Notai e vicedomini istriani... more
DAROVEC Darko, Auscultauerint cum notario. Notai e vicedomini istriani all'epoca della Repubblica di Venezia, Venezia, Libreria Editrice Cafoscarina, 2015. DAROVEC Darko, Auscultauerint cum notario. Notai e vicedomini istriani all'epoca della Repubblica di Venezia, Venezia, Libreria Editrice Cafoscarina, 2015. PREMESSA Il presente studio riprende e completa l’opera, pubblicata nel 1994, dal titolo Notarjeva javna vera. Notarji in vicedomini v Kopru, Izoli in Piranu v obdobju Beneške republik..
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De 1657 a sa mort en 1687, toute la carriere du P. Rapin s’est faite aupres des Grands. Ce « jesuite mondain » s’est efforce de rassembler les connaissances du siecle a destination de l’honnete homme. Sa prose savante a l’aisance du sermo... more
De 1657 a sa mort en 1687, toute la carriere du P. Rapin s’est faite aupres des Grands. Ce « jesuite mondain » s’est efforce de rassembler les connaissances du siecle a destination de l’honnete homme. Sa prose savante a l’aisance du sermo humilis, caracteristique du style epistolaire ciceronien et, desormais, de la conversation mondaine. Grâce a un ethos modeste, le critique montre qu’il connait bien sa place. Des 1674, ses Reflexions sur la poetique font de lui un courtisan qui revendique la discretion : « souffrez que je me cache », proteste-t-il dans son epitre au Dauphin, ou se trouve pose le probleme du discours epidictique dans la societe de cour. En 1686, il reunit quatre panegyriques illustrant le « sublime dans les mœurs ». Mais l’attribution a Conde du « sublime de la retraite » deplait a son fils le duc d’Enghien, ce qui l’oblige a publier en reparation Le Magnanime, ou l’eloge de Conde, en 1687. De l’humiliation consentie a l’humiliation subie, quelle a ete l’attitude de...
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This paper addresses the Koper Captains of the Slavs (Capitaneus Sclavorum Justinopolis), named after the ethnic/linguistic character of the Koper countryside over which they held jurisdiction during the Venetian period from 1349 until... more
This paper addresses the Koper Captains of the Slavs (Capitaneus Sclavorum Justinopolis), named after the ethnic/linguistic character of the Koper countryside over which they held jurisdiction during the Venetian period from 1349 until the beginning of the nineteenth century. It is certainly, at least in name, a unique position that has thus far been insufficiently researched. The main source for this study is the Book of the Koper Captains of the Slavs from the old Koper archives, kept at the State Archives of Venice (ASVe), which has not yet received a proper presentation, as well as archival sources of some other Venetian institutions. The paper also includes a Slovene translation of this document in the appendix.
The book contains various stipulations from 1587 to 1724, especially regarding the collection of taxes, as well as general stipulations on the jurisdiction of the Captain of the Slavs. Its analysis shows that the annual obligations of the 42 Koper villages amounted to 2,605 lire and 8 solidi, of which the Koper Podesta and Captain received a bit over 419 lire, and the Captain of the Slavs a bit over 544 lire. In addition, the villagers had to pay special taxes during the Rižana fair (Assumption of Mary, 15 August), at Carnival, Easter, Martinmas, also some for Christmas and for hunting permits. Furthermore, they had to pay contributions for the wood for the maintenance of the Koper bridge, for the town bell ringer and the town clock. On individual village holidays, the village mayors also had to entertain the Captain of the Slavs and his entourage in addition to handing over the collected special contributions. The village's obligations to the fiscal (provincial) chamber amounted to a bit over 515 lire. In short, the obligations of the Koper villages to their Captain were substantial, especially if we take into account the numerous testimonies of the poverty of these villages at the time.
The Koper Captain of the Slavs had a special role especially in the military organization of the Koper commune. He was responsible for the defence in the Koper countryside, oversaw border disputes between village communes, collected taxes, and was also in charge of lower-court matters. In addition, the organization of defence and control of the Venetian-Habsburg (Imperial) border played an extremely important role during various epidemics, as quarantines for travellers coming from infected areas were established in the defence posts manned by peasant soldiers (cernida) under the command of the Captain of the Slavs.
The book contains various stipulations from 1587 to 1724, especially regarding the collection of taxes, as well as general stipulations on the jurisdiction of the Captain of the Slavs. Its analysis shows that the annual obligations of the 42 Koper villages amounted to 2,605 lire and 8 solidi, of which the Koper Podesta and Captain received a bit over 419 lire, and the Captain of the Slavs a bit over 544 lire. In addition, the villagers had to pay special taxes during the Rižana fair (Assumption of Mary, 15 August), at Carnival, Easter, Martinmas, also some for Christmas and for hunting permits. Furthermore, they had to pay contributions for the wood for the maintenance of the Koper bridge, for the town bell ringer and the town clock. On individual village holidays, the village mayors also had to entertain the Captain of the Slavs and his entourage in addition to handing over the collected special contributions. The village's obligations to the fiscal (provincial) chamber amounted to a bit over 515 lire. In short, the obligations of the Koper villages to their Captain were substantial, especially if we take into account the numerous testimonies of the poverty of these villages at the time.
The Koper Captain of the Slavs had a special role especially in the military organization of the Koper commune. He was responsible for the defence in the Koper countryside, oversaw border disputes between village communes, collected taxes, and was also in charge of lower-court matters. In addition, the organization of defence and control of the Venetian-Habsburg (Imperial) border played an extremely important role during various epidemics, as quarantines for travellers coming from infected areas were established in the defence posts manned by peasant soldiers (cernida) under the command of the Captain of the Slavs.
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Although the article is limited to the period of Venetian rule in Istria (13th to 18th century), it is characterized by all the diversity of economic, social and ethnic shifts and changes that were crucial for the further development of... more
Although the article is limited to the period of Venetian rule in Istria (13th to 18th century), it is characterized by all the diversity of economic, social and ethnic shifts and changes that were crucial for the further development of events on the Istrian peninsula, especially under the influence of mass deaths. While mostly the northern Istrian economy, led by Koper and Piran, developed relatively favorably from the 13th to the middle of the 16th century, despite the occurrence of plague epidemics almost every ten years from the devastating European epidemic of 1348, which, in addition to numerous military conflicts, were joined by malaria epidemics, the period up to the end of the 17th century was marked by economic and social decline. After frequent epidemics of disease, the constant thinning of the population was joined by unfavorable economic trends, partly due to the loss of the former influence of the Venetian Republic on "world" economic and trade flows, and partly due to the repressive economic policy of the Serenissima to the subordinate Istrian towns, so that they were no longer interesting for investment in further economic development. On the contrary, the decimated and impoverished population in a country marked by vast desolations and half-abandoned cities was only trying to maintain the economic level once achieved by colonizing the new population, especially from the nearby Balkan countries. The development of events, however, was reflected in all its severity in social and ethnic or, better, civilizational conflicts between the new and old population and between the city and the hinterland, which finally led to angry national conflicts in the 19th and 20th centuries.
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On the case of the literary tale of Fran Levstik: Martin Krpan (1858), the article illuminates Levstik’s political agenda and his literary implementation of the outlaw hero, Martin Krpan, for the needs of Slovenia’s nation-building... more
On the case of the literary tale of Fran Levstik: Martin Krpan (1858), the article illuminates Levstik’s political agenda and his literary implementation of the outlaw hero, Martin Krpan, for the needs of Slovenia’s nation-building process, a phenomenon that was characteristic of almost all emerging European nations at the time. An analysis of Levstik’s Martin Krpan reveals a unique phenomenon that was tailored to a specific program: namely, the conscious desire to create a national literary character that would constitute both a foundation for further literary creation and for the national political struggle.
Levstik was the most prominent writer among the emerging Slovenian intellectual class in the second half of the 19th century. The value of Levstik’s tale resides in its merging of mythical and literary narrative into a functionally connected organism, the simultaneity of “historical” and “non-historical” elements, and the interaction between symbolic and real ambiguities. Levstik’s structure for both his literary-political program and for his tale about Martin Krpan originates in historical realities and cultural memory of the 15th and 16th centuries: economic (transportation), social (peasant revolts), and political (defense against the Ottoman Turks). Levstik combined these elements with the fundamentals of folkloric and ethno-symbolic cultural heritage of that period. In Martin Krpan, Levstik skillfully conceals “historical realities” behind metaphors and symbolism, which is typical of myths. In this way, he provides a path toward the realization of national political ambitions. But the “real” myth Levstik created was more than simply Martin Krpan and his adventures. It was more than an argument for the historical origin or vocation of a nation, the defense of the civilization, or the demand for political rights or mimetic narrative prose, i.e. the ability to create a virtual real world. The “real” myth of the literary tale was the elevation of the Slovenian language to the essential distinguishing and constitutive element of the Slovenian nation-building process in comparison with the "Other (s)".
Levstik was the most prominent writer among the emerging Slovenian intellectual class in the second half of the 19th century. The value of Levstik’s tale resides in its merging of mythical and literary narrative into a functionally connected organism, the simultaneity of “historical” and “non-historical” elements, and the interaction between symbolic and real ambiguities. Levstik’s structure for both his literary-political program and for his tale about Martin Krpan originates in historical realities and cultural memory of the 15th and 16th centuries: economic (transportation), social (peasant revolts), and political (defense against the Ottoman Turks). Levstik combined these elements with the fundamentals of folkloric and ethno-symbolic cultural heritage of that period. In Martin Krpan, Levstik skillfully conceals “historical realities” behind metaphors and symbolism, which is typical of myths. In this way, he provides a path toward the realization of national political ambitions. But the “real” myth Levstik created was more than simply Martin Krpan and his adventures. It was more than an argument for the historical origin or vocation of a nation, the defense of the civilization, or the demand for political rights or mimetic narrative prose, i.e. the ability to create a virtual real world. The “real” myth of the literary tale was the elevation of the Slovenian language to the essential distinguishing and constitutive element of the Slovenian nation-building process in comparison with the "Other (s)".
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Still today, historiography questions whether the purpose of oaths of fealty (fidelitas), dedicated to the Venetian Republic by Istrian towns from 12th Century, was to conclude friendships between the equal communities or was just a form... more
Still today, historiography questions whether the purpose of oaths of fealty (fidelitas), dedicated to the Venetian Republic by Istrian towns from 12th Century, was to conclude friendships between the equal communities or was just a form of alliances against common enemies, or were even the subordination of Istrian towns? Insofar as it was actually a matter of concluding alliances even after the feuds, later vents clearly testify in support of the fact that those oaths of fealtywere the first step towards the later Venetian subordination of Istrian towns, the basis of the process which ended only in 1420. This paper argues that the above events should be understood and interpreted in accordance with then prevailing system of conflict resolution and within the framework of the ritual: homage, fealty, peace (homagium, fidelitas, pax).
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Category: 1.01 Original scientific paper Language: Original in Slovenian ( in Slovenian and English, Summary in English) Key words: vengeance, enmity, feud, vendetta, nobility, Carniola, Styria, Istria, Radovljica, Dovje, Bled, Fram,... more
Category: 1.01 Original scientific paper Language: Original in Slovenian ( in Slovenian and English, Summary in English) Key words: vengeance, enmity, feud, vendetta, nobility, Carniola, Styria, Istria, Radovljica, Dovje, Bled, Fram, Slivnica, Vurberk, Ravno polje, Voličina, Ptuj, Koper/Capodistria, seventeenth century Abstract: With cases of conflicts among nobility in seventeenth-century Carniola, Styria, and Istria, this paper outlines the long survival of vengeance as the customary system of conflict resolution and presents its adaptation to social, political, and legal changes in the early modern period. The primary focus is on the most noticeable and most infamous stage of the custom of vengeance, namely, the state or relationship of enmity. In customary conflict resolution, enmity sanctioned the limited used of violence (including retaliatory homicide), with the intention of forcing the offending party to provide satisfaction, settle an injustice or give in to certain demands...
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The challenge of the vendetta, understood as a genuine legal and cultural system that regulated the organization of conflict and thereby constituted an instrument of social control, was a very important phenomenon in almost all the... more
The challenge of the vendetta, understood as a genuine legal and cultural system that regulated the organization of conflict and thereby constituted an instrument of social control, was a very important phenomenon in almost all the countries of Europe. One of the instruments adopted by the new state realities was the introduction of inquisitorial procedures, whose aim was not only to impose a different legitimization of violence, but also to put an end to the connections between customary rites and judicial practices that had for centuries characterized the legal system of the vendetta, in which the banishment had had a special role. The new punitive justice was marked by both the imposition of severe penalties, and by the absence of an active role in the resolution of conflicts of the parties involved.
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Franc Miklošič was undoubtedly one of the most educated, internationally renowned and influential Slovene intellectuals of the second half of the nineteenth century and is foremost regarded as a philologist, linguist and one of the... more
Franc Miklošič was undoubtedly one of the most educated, internationally renowned and influential Slovene intellectuals of the second half of the nineteenth century and is foremost regarded as a philologist, linguist and one of the founders of Slavic studies. However, Miklošič's intellectual versatility also led to his engagement with history, ethnography, anthropology and law, predicated on interdisciplinary and comparative approaches. Apart from a few translations of Austrian legislation into Slovene, Miklošič did not devote himself to legal matters, with the exception of blood feud in Die Blutrache bei den Slaven (1887), one of the key works on the topic at the time. Although he agreed with the evolutionist and legal positivist views of his time on the State as the pinnacle of civilization, compared to the supposed chaos of prior societies (which continue to remain popular), in Blutrache Miklošič also presented the characteristics of the customary system of conflict resolution in kinship-based societies, which attest to the complexity of social relations in premodern Europe. It is with the help of Miklošič's work that this paper reconstructs the customary ritual of conflict resolution, which was known to all premodern European societies, and presents the attitude of his and later times towards blood feud.
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The paper deal with a case study of 1686 vendetta in Koper, based on original archival documents from judicial bodies of the Republic of Venice and narrative material from the protagonists in the feud. It regards a classic case of... more
The paper deal with a case study of 1686 vendetta in Koper, based on original archival documents from judicial bodies of the Republic of Venice and narrative material from the protagonists in the feud.
It regards a classic case of vengeance due to the conflicts between various noble kinship groups, formed on the idiom of honour. The reason for the vengeance was a forbidden or at least an unwanted marriage between representatives of two noble families that escalated into the homicide of one relative of the married woman. After almost three-year long, apparently unsuccessful negotiations about the conflict settlement, a retributive homicide of the most prominent representative of the perpetrator’s family took place, which was performed by a maternal uncle of a third family, connected by kinship.
It is interesting how the local, and especially the central political judicial authorities intervened in the feud (faida) after the first homicide, in accordance with the principles of the customary system of conflict resolution, by encouraging and lastly forcing the parties in the feud to make peace.
However, the attempt to integrate the customary system of conflict resolution into a court settlement apparently failed in this case, as precisely the prevention of the customary system of conflict resolution with a (seeming) state guarantee of security and with force things led to an uprising, caused by an intentional break from the traditional values of honour and roles of kinship connections.
The implementation of a strict inquisitorial judicial procedure, which is sketched out in the first chapter with its basic characteristics and procedural phases, might have nonetheless prevented possible retaliation after a vindicatory homicide, as is also shown in judicial practice in other Central and Western European countries of that time.
Nonetheless, in accordance with the customary system of conflict resolution, the vengeful homicide alone might have been perceived as an established and socially acknowledged end of conflict. It was based on the fundamental social principle of gift giving, which demanded that the given gift be returned, and insult, which demanded suitable retribution.
Along with great social changes, in the second half of the 15th century a centralization of justice came about, in addition to fiscal and military reorganization, that was of fundamental importance in European rulers’ efforts to establish supreme control over the entire territory under their jurisdiction.
In order to achieve this goal, however, the rulers first had to restrict, by means of legislation and other coercive means, the system of arbitrary conflict resolution by custom. For this purpose they established a judicial system, i.e. punitive control over both individual influential families and clans, as well as over the population in general.
The state inquisitorial trial rites introduced in most Western and Central European countries from the 16th century onwards, which substantially differed from the ecclesiastical inquisitorial procedure (from the 12th century onwards), led to an important innovation.
The state judicial apparatus earned the right of prosecution ex officio, whereas the trespasses became individualised. While earlier, in so-called adversarial law, the judicial investigative process was only able to be led after a lawsuit from the affected communities, in the inquisitorial procedure the judicial trial was initiated by the central judicial authorities, which was the primary reason for their creation.
It was precisely the complex inquisitorial judicial rites that were assigned to be exercised by the (state) judge with nearly limitless jurisdiction, including the implementation of torture in all phases of the judicial procedure, which gradually took over the mediatory role of the community in feud and fundamentally disrupted the traditional relationships of values of honour and kinship connections. Studies of early-modern Europe have shown the changes that took place starting from the late 16th century. The introduction in various European countries of authentic inquisitorial procedures, which limited the right to defence and the intervention of the parties concerned, represented a significant step forward in limiting at least the bloodiest developments of feud. From France to England, to Germany and Italy, the new procedures were characterized not so much by ex-officio initiation of trials as by the public jurisdictional nature that the trials took on.
With this intrusion and with the legal and ideological criminalisation of feud and blood feud the ruler or the state gradually took away the judicial jurisdiction from former holders of (local) authority: the nobility. Thereafter the supreme right to revenge and pardon was in the hands of the ruler (state), which also signifies that this was the means of attaining of absolute power.
However, how lasting and entangled was this process is illustrated also by the example of 1686 vendetta in Koper.
It regards a classic case of vengeance due to the conflicts between various noble kinship groups, formed on the idiom of honour. The reason for the vengeance was a forbidden or at least an unwanted marriage between representatives of two noble families that escalated into the homicide of one relative of the married woman. After almost three-year long, apparently unsuccessful negotiations about the conflict settlement, a retributive homicide of the most prominent representative of the perpetrator’s family took place, which was performed by a maternal uncle of a third family, connected by kinship.
It is interesting how the local, and especially the central political judicial authorities intervened in the feud (faida) after the first homicide, in accordance with the principles of the customary system of conflict resolution, by encouraging and lastly forcing the parties in the feud to make peace.
However, the attempt to integrate the customary system of conflict resolution into a court settlement apparently failed in this case, as precisely the prevention of the customary system of conflict resolution with a (seeming) state guarantee of security and with force things led to an uprising, caused by an intentional break from the traditional values of honour and roles of kinship connections.
The implementation of a strict inquisitorial judicial procedure, which is sketched out in the first chapter with its basic characteristics and procedural phases, might have nonetheless prevented possible retaliation after a vindicatory homicide, as is also shown in judicial practice in other Central and Western European countries of that time.
Nonetheless, in accordance with the customary system of conflict resolution, the vengeful homicide alone might have been perceived as an established and socially acknowledged end of conflict. It was based on the fundamental social principle of gift giving, which demanded that the given gift be returned, and insult, which demanded suitable retribution.
Along with great social changes, in the second half of the 15th century a centralization of justice came about, in addition to fiscal and military reorganization, that was of fundamental importance in European rulers’ efforts to establish supreme control over the entire territory under their jurisdiction.
In order to achieve this goal, however, the rulers first had to restrict, by means of legislation and other coercive means, the system of arbitrary conflict resolution by custom. For this purpose they established a judicial system, i.e. punitive control over both individual influential families and clans, as well as over the population in general.
The state inquisitorial trial rites introduced in most Western and Central European countries from the 16th century onwards, which substantially differed from the ecclesiastical inquisitorial procedure (from the 12th century onwards), led to an important innovation.
The state judicial apparatus earned the right of prosecution ex officio, whereas the trespasses became individualised. While earlier, in so-called adversarial law, the judicial investigative process was only able to be led after a lawsuit from the affected communities, in the inquisitorial procedure the judicial trial was initiated by the central judicial authorities, which was the primary reason for their creation.
It was precisely the complex inquisitorial judicial rites that were assigned to be exercised by the (state) judge with nearly limitless jurisdiction, including the implementation of torture in all phases of the judicial procedure, which gradually took over the mediatory role of the community in feud and fundamentally disrupted the traditional relationships of values of honour and kinship connections. Studies of early-modern Europe have shown the changes that took place starting from the late 16th century. The introduction in various European countries of authentic inquisitorial procedures, which limited the right to defence and the intervention of the parties concerned, represented a significant step forward in limiting at least the bloodiest developments of feud. From France to England, to Germany and Italy, the new procedures were characterized not so much by ex-officio initiation of trials as by the public jurisdictional nature that the trials took on.
With this intrusion and with the legal and ideological criminalisation of feud and blood feud the ruler or the state gradually took away the judicial jurisdiction from former holders of (local) authority: the nobility. Thereafter the supreme right to revenge and pardon was in the hands of the ruler (state), which also signifies that this was the means of attaining of absolute power.
However, how lasting and entangled was this process is illustrated also by the example of 1686 vendetta in Koper.
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IN LANDT HOCHVERBOTTEN – ENMITIES AMONG NOBILITY IN SEVENTEENTH-CENTURY STYRIA, CARNIOLA AND ISTRIA OR ON CONFLICT RESOLUTION BETWEEN THE CUSTOM OF VENGEANCE AND EARLY MODERN CRIMINAL LAW Conflict resolution among nobility in... more
IN LANDT HOCHVERBOTTEN – ENMITIES AMONG NOBILITY IN SEVENTEENTH-CENTURY STYRIA, CARNIOLA AND ISTRIA OR ON CONFLICT RESOLUTION BETWEEN THE CUSTOM OF VENGEANCE AND EARLY MODERN CRIMINAL LAW
Conflict resolution among nobility in historically Slovene lands, including Carniola, Styria, and Istria, remained much the same in the seventeenth century as it had during the previous centuries. Notwithstanding the increased monopolisation of law and violence by the early modern State, the strengthened implementation of Roman law and the publishing of new criminal codes, social and legal practice was, until the end of the Ancien Régime, permeated by the ancient and universal social norm or customary system of conflict resolution: vengeance. Following the social principle of exchange, vengeance demanded satisfaction (countergift) for a suffered injustice (gift). If satisfaction was not acquired peacefully, according to the culture of honour injury could be requited by violent retaliation. Violence was envisioned as the sanction for those refusing peaceful conflict resolution. In the Medieval, and even in the early modern, period, it was deemed equally inappropriate to respond to injustice with either violence or lawsuit without previously exhausting all means of peaceful settlement. In customary conflict resolution, the stage that allowed for the use of limited retaliatory violence was enmity or, originating from an Old Germanic word for it, feud. Enmity had to be declared publicly and appropriately (i.e. in time), so that the threat of violence could already force the offending party to give satisfaction. Satisfaction settled the conflict by allowing truce and lasting peace to be made. As was the objective of the custom of vengeance, lasting peace (re-)established concord and peace among parties to the conflict, and restored social equilibrium in the community. Appropriate retaliation meant that violence in vengeance was, as a rule (and ideally), limited. Medieval limitations of violence in enmity, which for the most part persevered into the early modern period, were dictated by the culture of honour, the Church, and customary law, and this created temporal, spatial, and personal immunities. Hostilities were to be suspended on Sundays and the most important Church holidays, and the custom was always adverse to violent retaliation in sacred spaces (e.g. churches) and areas of certain sacral value, such as homes, settlements, fora, and residences of authority. Moreover, communal production facilities and agricultural means of production were not to be damaged. Vengeance upon women, children, the elderly, the ordained, and other segments of society generally prohibited from carrying arms, was also highly inappropriate and dishonourable. Except in blood feud (for homicide, grave insults or severe wounds) the killing of an enemy was also generally inappropriate. Violence upon an enemy's property, mostly by raiding or robbery and arson, was always appropriate. Lawsuits were also an instrument of enmity, especially in the early modern period, even though the judicial path was regarded as less honourable. While customary limitations of enmity were already partially codified in the Early Middle Ages, the codification of the custom of vengeance into law was concluded in the High Middle Ages, especially its key rituals of truce and peace. In the Holy Roman Empire the codification included the declaration of enmity as a distinctive feature of the Imperial and Provincial peace legislation, which at the same time codified limitations of enmity in more detail than the legislation in the rest of Europe. Due to these features, historiography often interpreted the German word for enmity or feud, Fehde, as a distinctive "German" custom of vengeance. A few conflicts among nobility in seventeenth-century Slovene lands also attest to the survival of the custom of vengeance and role of enmity therein. The conflicts of the Lordship of Radovljica with those of Škofja Loka and Bled in (Upper) Carniola, as well as the conflicts of the Styrian Lordships of Slivnica and Vurberk with those of Fram and Ravno polje respectively, attest to the custom's adaptation to social, political, and legal changes in the early modern period. Despite the implementation of criminal codes based on Roman law, the cases presented in this article are proof of the custom's survival into early modernity in Slovene lands. While public declarations of enmity disappeared, the use of limited violence for the defence of one's rights or the acquisition of new ones had, to a degree, remained legitimate. Likewise, so too did blood feud, as is attested by the conflicts between the Moscons and Qualandros in Ptuj, and of the del Taccos with the del Bellos and the marquis Gravisis in Koper/Capodistria. The reactions of the Habsburg princely and the Venetian highest legal authorities show that enmity had remained part of social practice, while only regarded as legal when proven to be a case of self-defence. Although authorities in the seventeenth century still strived for conflict resolution based on the custom of vengeance and the culture of honour on the local level, the State's new attitude towards conflict resolution was already visible on the horizon. As indicated in the case from Koper/Capodistria, by the end of the early modern period the State had established itself as the only avenger or punisher of injustice.
http://shs.zgodovinsko-drustvo-kovacic.si/
Errata:
- Roman law instead of Roman canon law on pp. 119-120
Conflict resolution among nobility in historically Slovene lands, including Carniola, Styria, and Istria, remained much the same in the seventeenth century as it had during the previous centuries. Notwithstanding the increased monopolisation of law and violence by the early modern State, the strengthened implementation of Roman law and the publishing of new criminal codes, social and legal practice was, until the end of the Ancien Régime, permeated by the ancient and universal social norm or customary system of conflict resolution: vengeance. Following the social principle of exchange, vengeance demanded satisfaction (countergift) for a suffered injustice (gift). If satisfaction was not acquired peacefully, according to the culture of honour injury could be requited by violent retaliation. Violence was envisioned as the sanction for those refusing peaceful conflict resolution. In the Medieval, and even in the early modern, period, it was deemed equally inappropriate to respond to injustice with either violence or lawsuit without previously exhausting all means of peaceful settlement. In customary conflict resolution, the stage that allowed for the use of limited retaliatory violence was enmity or, originating from an Old Germanic word for it, feud. Enmity had to be declared publicly and appropriately (i.e. in time), so that the threat of violence could already force the offending party to give satisfaction. Satisfaction settled the conflict by allowing truce and lasting peace to be made. As was the objective of the custom of vengeance, lasting peace (re-)established concord and peace among parties to the conflict, and restored social equilibrium in the community. Appropriate retaliation meant that violence in vengeance was, as a rule (and ideally), limited. Medieval limitations of violence in enmity, which for the most part persevered into the early modern period, were dictated by the culture of honour, the Church, and customary law, and this created temporal, spatial, and personal immunities. Hostilities were to be suspended on Sundays and the most important Church holidays, and the custom was always adverse to violent retaliation in sacred spaces (e.g. churches) and areas of certain sacral value, such as homes, settlements, fora, and residences of authority. Moreover, communal production facilities and agricultural means of production were not to be damaged. Vengeance upon women, children, the elderly, the ordained, and other segments of society generally prohibited from carrying arms, was also highly inappropriate and dishonourable. Except in blood feud (for homicide, grave insults or severe wounds) the killing of an enemy was also generally inappropriate. Violence upon an enemy's property, mostly by raiding or robbery and arson, was always appropriate. Lawsuits were also an instrument of enmity, especially in the early modern period, even though the judicial path was regarded as less honourable. While customary limitations of enmity were already partially codified in the Early Middle Ages, the codification of the custom of vengeance into law was concluded in the High Middle Ages, especially its key rituals of truce and peace. In the Holy Roman Empire the codification included the declaration of enmity as a distinctive feature of the Imperial and Provincial peace legislation, which at the same time codified limitations of enmity in more detail than the legislation in the rest of Europe. Due to these features, historiography often interpreted the German word for enmity or feud, Fehde, as a distinctive "German" custom of vengeance. A few conflicts among nobility in seventeenth-century Slovene lands also attest to the survival of the custom of vengeance and role of enmity therein. The conflicts of the Lordship of Radovljica with those of Škofja Loka and Bled in (Upper) Carniola, as well as the conflicts of the Styrian Lordships of Slivnica and Vurberk with those of Fram and Ravno polje respectively, attest to the custom's adaptation to social, political, and legal changes in the early modern period. Despite the implementation of criminal codes based on Roman law, the cases presented in this article are proof of the custom's survival into early modernity in Slovene lands. While public declarations of enmity disappeared, the use of limited violence for the defence of one's rights or the acquisition of new ones had, to a degree, remained legitimate. Likewise, so too did blood feud, as is attested by the conflicts between the Moscons and Qualandros in Ptuj, and of the del Taccos with the del Bellos and the marquis Gravisis in Koper/Capodistria. The reactions of the Habsburg princely and the Venetian highest legal authorities show that enmity had remained part of social practice, while only regarded as legal when proven to be a case of self-defence. Although authorities in the seventeenth century still strived for conflict resolution based on the custom of vengeance and the culture of honour on the local level, the State's new attitude towards conflict resolution was already visible on the horizon. As indicated in the case from Koper/Capodistria, by the end of the early modern period the State had established itself as the only avenger or punisher of injustice.
http://shs.zgodovinsko-drustvo-kovacic.si/
Errata:
- Roman law instead of Roman canon law on pp. 119-120
Research Interests: Vendetta (Early Modern History), Venetian History, Customary Law, Conflict Resolution, 17th century Europe, and 12 moreFeuding, Peace and Conflict Resolution, Austrian History, Istrian history, late medieval and early modern history of European nobility and courts, Styria, Medieval and Early Modern European History, Legal History and Legal Theory, History from Below, Cultural Studies, Political Sciences, Slovene History, Feuding, late medieval and early modern Germany, nobility, Blood Feud, Carniola, and Koper/Capodistria
Already three famous Istrian historians from the 19th and first half of the 20th Century, Carlo De Franceschi, Bernardo Benussi and Giovanni De Vergottini, devoted relatively much attention to the issue of the so-called »oaths of fealty«... more
Already three famous Istrian historians from the 19th and first half of the 20th Century, Carlo De Franceschi, Bernardo Benussi and Giovanni De Vergottini, devoted relatively much attention to the issue of the so-called »oaths of fealty« (fidelitas), dedicated in the 12th Century to the Venetian Republic by the most important Istrian cities: Capodistria and Isola (1145), Pola (1145, 1149, 1153), Rovigno, Parenzo, Cittanova, Umago, Pirano (1150), Muggia and Trieste (1202).
Still today, historiography questions whether the purpose of those oaths of fealty (fidelitas) was to conclude friendships between the equal communities or was just a form of alliances against common enemies, or were even the subordination of Istrian towns? Or only an act, as said by Kandler, that “nè importava maggior debito che di non osteggiare e tradire”.
At a different constellation of historical events, these oaths of fealty could probably remain only witnesses of the diversified maritime economic activities between the upper Mediterranean and Central Europe, but subsequent events clearly testify in support of the fact that those oaths of fealty, dedicated to the Venetian Republic by Istrian towns, were the first step towards the later direct subordination of Istrian towns, the basis of the process which ended only in 1420 with the collapse of the secular power of the patriarchs of Aquileia, while at the same time the basis of the process which led towards the Venetian Stato da Mar. In regards to this phenomenon is surprising the fact that at that time the Istrian towns were part of Empire while the Republic of Venice was marked as his enemy.
This paper argues that the above events should be understood and interpreted in accordance with then prevailing system of conflict resolution and within the framework of the ritual: homage, fealty, peace (homagium, fidelitas, pax).
Già tre dei famosi storici istriani del ‘800 e la prima metà del ‘900, Carlo De Franceschi, Bernardo Benussi e Giovanni De Vergottini, hanno dedicato relativamente molta attenzione al fenomeno dei cosiddetti giuramenti di »fedeltà« (fidelitas), dedicati nel XIIo secolo alla Repubblica di Venezia dalle principali città istriane: Capodistria e Isola (1145), Pola (1145, 1149, 1153), Rovigno, Parenzo, Cittanova, Umago, Pirano (1150), Muggia e Trieste (1202).
Ancora oggi, la storiografia e impegnata con le domande se questi giuramenti furono solo un modo per stipulare legami amichevoli tra le comunità uguali, oppure un modo per creare delle alleanze contro nemici comuni, o costituivano addirittura la subordinazione delle città istriane? Oppure se, come dice Kandler, si trattava solo di un atto che “nè importava maggior debito che di non osteggiare e tradire”?
In una diversa costellazione di eventi storici, questi giuramenti di fedeltà (fidelitas) probabilmente potevano rimanere solo un testimone delle diversificate attività economiche marittime tra l'alto Mediterraneo e l'Europa centrale, ma gli eventi successivi chiaramente testimoniano a sostegno del fatto che i giuramenti di fedeltà delle citta istriane alla Repubblica di Venezia rappresentavano il primo passo verso la subordinazione diretta delle citta istriane, è la base del processo, che si è concluso solo nel 1420 con il crollo del potere temporale dei patriarchi di Aquileia, ma è anche la base del processo che ha condotto verso i Stato da Mar veneziani. La cosa che sorprende e pure il fatto, che le città istriane all’epoca furono la parte dell’Impero, mentre la Serenissima fu contrassegnata come il suo nemico.
La relazione sostiene che questi eventi devono essere compresi e interpretati ai sensi del prelevante sistema di risoluzione dei conflitti dell’epoca e nell’ambito del rito: omaggio, fede, pace (homagium, fidelitas, pax).
FAIDA. Feud and blood feud between customary law and legal process in medieval and early modern Europe.
This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme.
Still today, historiography questions whether the purpose of those oaths of fealty (fidelitas) was to conclude friendships between the equal communities or was just a form of alliances against common enemies, or were even the subordination of Istrian towns? Or only an act, as said by Kandler, that “nè importava maggior debito che di non osteggiare e tradire”.
At a different constellation of historical events, these oaths of fealty could probably remain only witnesses of the diversified maritime economic activities between the upper Mediterranean and Central Europe, but subsequent events clearly testify in support of the fact that those oaths of fealty, dedicated to the Venetian Republic by Istrian towns, were the first step towards the later direct subordination of Istrian towns, the basis of the process which ended only in 1420 with the collapse of the secular power of the patriarchs of Aquileia, while at the same time the basis of the process which led towards the Venetian Stato da Mar. In regards to this phenomenon is surprising the fact that at that time the Istrian towns were part of Empire while the Republic of Venice was marked as his enemy.
This paper argues that the above events should be understood and interpreted in accordance with then prevailing system of conflict resolution and within the framework of the ritual: homage, fealty, peace (homagium, fidelitas, pax).
Già tre dei famosi storici istriani del ‘800 e la prima metà del ‘900, Carlo De Franceschi, Bernardo Benussi e Giovanni De Vergottini, hanno dedicato relativamente molta attenzione al fenomeno dei cosiddetti giuramenti di »fedeltà« (fidelitas), dedicati nel XIIo secolo alla Repubblica di Venezia dalle principali città istriane: Capodistria e Isola (1145), Pola (1145, 1149, 1153), Rovigno, Parenzo, Cittanova, Umago, Pirano (1150), Muggia e Trieste (1202).
Ancora oggi, la storiografia e impegnata con le domande se questi giuramenti furono solo un modo per stipulare legami amichevoli tra le comunità uguali, oppure un modo per creare delle alleanze contro nemici comuni, o costituivano addirittura la subordinazione delle città istriane? Oppure se, come dice Kandler, si trattava solo di un atto che “nè importava maggior debito che di non osteggiare e tradire”?
In una diversa costellazione di eventi storici, questi giuramenti di fedeltà (fidelitas) probabilmente potevano rimanere solo un testimone delle diversificate attività economiche marittime tra l'alto Mediterraneo e l'Europa centrale, ma gli eventi successivi chiaramente testimoniano a sostegno del fatto che i giuramenti di fedeltà delle citta istriane alla Repubblica di Venezia rappresentavano il primo passo verso la subordinazione diretta delle citta istriane, è la base del processo, che si è concluso solo nel 1420 con il crollo del potere temporale dei patriarchi di Aquileia, ma è anche la base del processo che ha condotto verso i Stato da Mar veneziani. La cosa che sorprende e pure il fatto, che le città istriane all’epoca furono la parte dell’Impero, mentre la Serenissima fu contrassegnata come il suo nemico.
La relazione sostiene che questi eventi devono essere compresi e interpretati ai sensi del prelevante sistema di risoluzione dei conflitti dell’epoca e nell’ambito del rito: omaggio, fede, pace (homagium, fidelitas, pax).
FAIDA. Feud and blood feud between customary law and legal process in medieval and early modern Europe.
This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme.
Research Interests:
Già tre dei famosi storici istriani del ‘800 e la prima metà del ‘900, Carlo De Franceschi, Bernardo Benussi e Giovanni De Vergottini, hanno dedicato relativamente molta attenzione al fenomeno dei cosiddetti giuramenti di »fedeltà«... more
Già tre dei famosi storici istriani del ‘800 e la prima metà del ‘900, Carlo De Franceschi, Bernardo Benussi e Giovanni De Vergottini, hanno dedicato relativamente molta attenzione al fenomeno dei cosiddetti giuramenti di »fedeltà« (fidelitas), dedicati nel XIIo secolo alla Repubblica di Venezia dalle principali città istriane: Capodistria e Isola (1145), Pola (1145, 1149, 1153), Rovigno, Parenzo, Cittanova, Umago, Pirano (1150), Muggia e Trieste (1202).
Ancora oggi, la storiografia e impegnata con le domande se questi giuramenti furono solo un modo per stipulare legami amichevoli tra le comunità uguali, oppure un modo per creare delle alleanze contro nemici comuni, o costituivano addirittura la subordinazione delle città istriane? Oppure se, come dice Kandler, si trattava solo di un atto che “nè importava maggior debito che di non osteggiare e tradire”?
In una diversa costellazione di eventi storici, questi giuramenti di fedeltà (fidelitas) probabilmente potevano rimanere solo un testimone delle diversificate attività economiche marittime tra l'alto Mediterraneo e l'Europa centrale, ma gli eventi successivi chiaramente testimoniano a sostegno del fatto che i giuramenti di fedeltà delle citta istriane alla Repubblica di Venezia rappresentavano il primo passo verso la subordinazione diretta delle citta istriane, è la base del processo, che si è concluso solo nel 1420 con il crollo del potere temporale dei patriarchi di Aquileia, ma è anche la base del processo che ha condotto verso i Stato da Mar veneziani. La cosa che sorprende e pure il fatto, che le città istriane all’epoca furono la parte dell’Impero, mentre la Serenissima fu contrassegnata come il suo nemico.
La relazione sostiene che questi eventi devono essere compresi e interpretati ai sensi del prelevante sistema di risoluzione dei conflitti dell’epoca e nell’ambito del rito: omaggio, fede, pace (homagium, fidelitas, pax).
Darko Darovec, Ca' Foscari University of Venice
The oaths of “fidelitas” of the Istrian cities in 12th Century
Already three famous Istrian historians from the 19th and first half of the 20th Century, Carlo De Franceschi, Bernardo Benussi and Giovanni De Vergottini, devoted relatively much attention to the issue of the so-called »oaths of fealty« (fidelitas), dedicated in the 12th Century to the Venetian Republic by the most important Istrian cities: Capodistria and Isola (1145), Pola (1145, 1149, 1153), Rovigno, Parenzo, Cittanova, Umago, Pirano (1150), Muggia and Trieste (1202).
Still today, historiography questions whether the purpose of those oaths of fealty (fidelitas) was to conclude friendships between the equal communities or was just a form of alliances against common enemies, or were even the subordination of Istrian towns? Or only an act, as said by Kandler, that “nè importava maggior debito che di non osteggiare e tradire”.
At a different constellation of historical events, these oaths of fealty could probably remain only witnesses of the diversified maritime economic activities between the upper Mediterranean and Central Europe, but subsequent events clearly testify in support of the fact that those oaths of fealty, dedicated to the Venetian Republic by Istrian towns, were the first step towards the later direct subordination of Istrian towns, the basis of the process which ended only in 1420 with the collapse of the secular power of the patriarchs of Aquileia, while at the same time the basis of the process which led towards the Venetian Stato da Mar. In regards to this phenomenon is surprising the fact that at that time the Istrian towns were part of Empire while the Republic of Venice was marked as his enemy.
This paper argues that the above events should be understood and interpreted in accordance with then prevailing system of conflict resolution and within the framework of the ritual: homage, fealty, peace (homagium, fidelitas, pax).
Ancora oggi, la storiografia e impegnata con le domande se questi giuramenti furono solo un modo per stipulare legami amichevoli tra le comunità uguali, oppure un modo per creare delle alleanze contro nemici comuni, o costituivano addirittura la subordinazione delle città istriane? Oppure se, come dice Kandler, si trattava solo di un atto che “nè importava maggior debito che di non osteggiare e tradire”?
In una diversa costellazione di eventi storici, questi giuramenti di fedeltà (fidelitas) probabilmente potevano rimanere solo un testimone delle diversificate attività economiche marittime tra l'alto Mediterraneo e l'Europa centrale, ma gli eventi successivi chiaramente testimoniano a sostegno del fatto che i giuramenti di fedeltà delle citta istriane alla Repubblica di Venezia rappresentavano il primo passo verso la subordinazione diretta delle citta istriane, è la base del processo, che si è concluso solo nel 1420 con il crollo del potere temporale dei patriarchi di Aquileia, ma è anche la base del processo che ha condotto verso i Stato da Mar veneziani. La cosa che sorprende e pure il fatto, che le città istriane all’epoca furono la parte dell’Impero, mentre la Serenissima fu contrassegnata come il suo nemico.
La relazione sostiene che questi eventi devono essere compresi e interpretati ai sensi del prelevante sistema di risoluzione dei conflitti dell’epoca e nell’ambito del rito: omaggio, fede, pace (homagium, fidelitas, pax).
Darko Darovec, Ca' Foscari University of Venice
The oaths of “fidelitas” of the Istrian cities in 12th Century
Already three famous Istrian historians from the 19th and first half of the 20th Century, Carlo De Franceschi, Bernardo Benussi and Giovanni De Vergottini, devoted relatively much attention to the issue of the so-called »oaths of fealty« (fidelitas), dedicated in the 12th Century to the Venetian Republic by the most important Istrian cities: Capodistria and Isola (1145), Pola (1145, 1149, 1153), Rovigno, Parenzo, Cittanova, Umago, Pirano (1150), Muggia and Trieste (1202).
Still today, historiography questions whether the purpose of those oaths of fealty (fidelitas) was to conclude friendships between the equal communities or was just a form of alliances against common enemies, or were even the subordination of Istrian towns? Or only an act, as said by Kandler, that “nè importava maggior debito che di non osteggiare e tradire”.
At a different constellation of historical events, these oaths of fealty could probably remain only witnesses of the diversified maritime economic activities between the upper Mediterranean and Central Europe, but subsequent events clearly testify in support of the fact that those oaths of fealty, dedicated to the Venetian Republic by Istrian towns, were the first step towards the later direct subordination of Istrian towns, the basis of the process which ended only in 1420 with the collapse of the secular power of the patriarchs of Aquileia, while at the same time the basis of the process which led towards the Venetian Stato da Mar. In regards to this phenomenon is surprising the fact that at that time the Istrian towns were part of Empire while the Republic of Venice was marked as his enemy.
This paper argues that the above events should be understood and interpreted in accordance with then prevailing system of conflict resolution and within the framework of the ritual: homage, fealty, peace (homagium, fidelitas, pax).
Research Interests:
The article, on the basis of a comparative and interdisciplinary research of a case study of vengeful murder and acquittal from 1401 in Landar (Slavia Veneta or Slavia friulana), analyses the transformation of the social system of control... more
The article, on the basis of a comparative and interdisciplinary research of a case study of vengeful murder and acquittal from 1401 in Landar (Slavia Veneta or Slavia friulana), analyses the transformation of the social system of control and the exercise of the justice on the turn from the Middle Ages to the Modern period. The case study clearly shows the characteristics of the common practice of dispute resolution system and juridicial trials, that allowed vengeance if the side of the perpetrator was not prepared to negotiate for peace making. Although the present case already shows elements characteristic for judicial proceedings of the Modern period, the judicial process and the judgment itself have been conducted in accordance with customary law. The article also comparatively shows how the legislation changed in the early modern period, with special regard to the events in the Holy Roman Empire and the Venetian Republic. In addition to fiscal and military reorganization, the centralization of justice was of fundamental importance in the efforts of European rulers to establish supreme control over the entire territory under their jurisdiction. In order to achieve this goal, however, the rulers had first to restrict, by means of legislation and other coercive means, the arbitrary conflict resolution system by custom. For this purpose, they established a judicial system, i. e. punitive control over both, individual, influential families and clans, as well as the population in general. The state inquisitorial trial rites, introduced in most Western and Central European countries, in the early modern period lead to an important novelty: the state judicial apparatus has earned the right of prosecution ex officio. While earlier, in the so-called adversarial law, the judicial investigative process may only be led after the lawsuit of the affected communities, in the inquisitorial procedure the judicial trial was initiated by the central judicial authorities, which was the primary reason for their creation. In some more remote areas, such as Montenegro and Albania, which were examined in the article as comparative areas, the custom of conflict resolution system, vendetta or osveta, has preserved deep in the 19th Century. Especially the study of this custom confirms our thesis, that this was not only a European (medieval) custom, but a system of conflict resolution known to all worldwide communities.
Research Interests:
The articles published in this issue of Acta Histriae were arised from the project: FAIDA. Feud and blood feud between customary law and legal process in medieval and early modern Europe. The case of Upper-Adriatic area. This research was... more
The articles published in this issue of Acta Histriae were arised from the project: FAIDA. Feud and blood feud between customary law and legal process in medieval and early modern Europe. The case of Upper-Adriatic area. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme, Grant Agreement Number 627936.
Research Interests:
The articles published in this issue of Acta Histriae were arised from the project: FAIDA. Feud and blood feud between customary law and legal process in medieval and early modern Europe. The case of Upper-Adriatic area. This research was... more
The articles published in this issue of Acta Histriae were arised from the project: FAIDA. Feud and blood feud between customary law and legal process in medieval and early modern Europe. The case of Upper-Adriatic area. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme, Grant Agreement Number 627936.
Research Interests:
Based on a conceptual historiographic and semantic analysis of the fundamental terminology of the ritual of vengeance, this paper presents an attempt to provide researchers with a linguistic, conceptual, and methodological framework for... more
Based on a conceptual historiographic and semantic analysis of the fundamental terminology of the ritual of vengeance, this paper presents an attempt to provide researchers with a linguistic, conceptual, and methodological framework for the study of vengeance as the customary system of conflict resolution in premodern Europe. For this purpose the key terminology, which also has abundant synonyms, has been collected in the accompanying septalingual glossary. While predicated on, foremost, European Medieval sources and studies thereof, the dissemination and interrelation of the universal human custom make the paper applicable for other areas and periods.
Research Interests:
The article, based on interdisciplinary historiographical and anthropological studies and archival documents, collected folk literature and other documents, will reconstruct the ritual of blood feud with emphasis on the act of humiliation... more
The article, based on interdisciplinary historiographical and anthropological studies and archival documents, collected folk literature and other documents, will reconstruct the ritual of blood feud with emphasis on the act of humiliation and penance as reflected in documents from Southeast Europe, comparing them with many fragments of medieval European cases, reflecting general ritual structure in the field of public affairs: Homage (gift, first approach), Fides (fidelity, oath, truce) and Investiture (appointment), and, in case of dispute settlement, Pace Perpetua – lasting peace (love, marriage), with particular focus on principles of the so called gift-exchange societies. The hypothesis of this article, based on collected material and on outlined cases, is arguing in favour of the principle of the general ritual structure for all public aff airs, in which precisely the gesture of penance and humiliation plays an important symbolic role, especially in the ritual of vindicta, that is in the customary system of conflict resolution.
Research Interests: European History, Early Modern History, Balkan History, History Of Emotions, Vendetta (Early Modern History), and 11 moreSatisfaction, Ritual (Anthropology), Humiliation, Middle Ages, V for Vendetta, Humiliation and Conflict, Blood Feud, Rite of Penance, History of Trial Rites, faida, and system of conflict resolution
The documents concerning the feud between the Patriarch of Aquileia and the Counts of Gorizia (1267–1277) are evidence of how written laws show that the ritual forms and gestures of the customary system of confl ict resolution were not... more
The documents concerning the feud between the Patriarch of Aquileia and the Counts of Gorizia (1267–1277) are evidence of how written laws show that the ritual forms and gestures of the customary system of confl ict resolution were not only maintained but were regularly inserted into the ritual formulas of written law. Above all they document how the customary system of confl ict resolution, in its ideal image and through rituals, refl ected social values based on the mediation of the community, reciprocity and the propensity to achieve a lasting peace. This is a general structural aspect of confl ict, while the local or articular
aspect is shown concretely through the struggle for resources, in the interweaving of single circumstances, where those who succeed in forming the greatest number of loyalties, differing and often contrasting alliances, are the ones who prevail. In our case this was clearly better accomplished by the Counts of Gorizia than by the Patriarchs of Aquileia.
Key words: feud, vendetta, homage, truce, peace, Patriarchs of Aquileia, Counts of Gorizia, Momiano, Pietrapelosa, Istria
aspect is shown concretely through the struggle for resources, in the interweaving of single circumstances, where those who succeed in forming the greatest number of loyalties, differing and often contrasting alliances, are the ones who prevail. In our case this was clearly better accomplished by the Counts of Gorizia than by the Patriarchs of Aquileia.
Key words: feud, vendetta, homage, truce, peace, Patriarchs of Aquileia, Counts of Gorizia, Momiano, Pietrapelosa, Istria
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Based on the study of several documented testimonials concerning the dispute between the inhabitants of Piran and the Capodistrian bishop in 1201, that also include statements describing the investiture of the notary, this article uses... more
Based on the study of several documented testimonials concerning the dispute between the inhabitants of Piran and the Capodistrian bishop in 1201, that also include statements describing the investiture of the notary, this article uses the comparative and (re)interpretative method to study the ritual of notarial investiture as it was exercised from the 12th century onwards in the area of the upper Adriatic and in the neighbouring Italian territories.
The study is not only focused on the question of the notarial investiture but also ventures comparatively into other secular social spheres of the European medieval investiture rituals and states, showing that the rituals were conducted in accordance with the unified, three-part inner structure as described by Galbert of Brugge (1127): homage, fides, investiture. Although the investiture ceremonies for special social spheres differed one from another with regard to symbolic gestures, objects and words (phrases) and were transformed in accordance to social needs, the inner structure of the ritual was invariable whether it concerned the investitures of emperors, kings, vassals, knights, notaries or functionaries of the other social institutions that were rapidly beginning to take shape especially from the 13thcentury onwards; furthermore, the structure is also present in the judicial sphere. The origins of the medieval ritual are manifested in the ubiquitous divine transcendence whose door was flung wide open during the Carolingian-Ottonian period (8th-11th centuries) whereas the cultural roots of the ritual extend backwards into archaic communities.
The study also indicates the role and the significance of notaries in the administration of governmental organs and especially in the formation of the governmental structures of autonomous cities, characteristically reflected in the investiture ritual. It was the mere investiture ritual, as it was developed from 12th century onwards, based on knights and notarial rituals, that opened the pathway towards the investitures in other social fields, especially in free vocations (artes liberales). The right to be invested was later spread also amongst the “common” subjects.
The study is not only focused on the question of the notarial investiture but also ventures comparatively into other secular social spheres of the European medieval investiture rituals and states, showing that the rituals were conducted in accordance with the unified, three-part inner structure as described by Galbert of Brugge (1127): homage, fides, investiture. Although the investiture ceremonies for special social spheres differed one from another with regard to symbolic gestures, objects and words (phrases) and were transformed in accordance to social needs, the inner structure of the ritual was invariable whether it concerned the investitures of emperors, kings, vassals, knights, notaries or functionaries of the other social institutions that were rapidly beginning to take shape especially from the 13thcentury onwards; furthermore, the structure is also present in the judicial sphere. The origins of the medieval ritual are manifested in the ubiquitous divine transcendence whose door was flung wide open during the Carolingian-Ottonian period (8th-11th centuries) whereas the cultural roots of the ritual extend backwards into archaic communities.
The study also indicates the role and the significance of notaries in the administration of governmental organs and especially in the formation of the governmental structures of autonomous cities, characteristically reflected in the investiture ritual. It was the mere investiture ritual, as it was developed from 12th century onwards, based on knights and notarial rituals, that opened the pathway towards the investitures in other social fields, especially in free vocations (artes liberales). The right to be invested was later spread also amongst the “common” subjects.
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The documents concerning the feud between the Patriarch of Aquileia and the Counts of Gorizia (1267–1277) are evidence of how written laws show that the ritual forms and gestures of the customary system of confl ict resolution were not... more
The documents concerning the feud between the Patriarch of Aquileia and the Counts of Gorizia (1267–1277) are evidence of how written laws show that the ritual forms and gestures of the customary system of confl ict resolution were not only maintained but were regularly inserted into the ritual formulas of written law. Above all they document how the customary system of confl ict resolution, in its ideal image and through rituals, refl ected social values based on the mediation of the community, reciprocity and the propensity to achieve a lasting peace. This is a general structural aspect of confl ict, while the local or particular aspect is shown concretely through the struggle for resources, in the interweaving of single circumstances, where those who succeed in forming the greatest number of loyalties, diff er-ing and often contrasting alliances, are the ones who prevail. In our case this was clearly better accomplished by the Counts of Gorizia than by the Patriarchs of Aquileia. SINTESI I documenti relativi alla faida tra il patriarca di Aquileia e il conte di Gorizia (1267– 1277), testimoniano che concetti espressi dalle leggi scritte mostrano come le forme e i gesti rituali del sistema consuetudinario di risoluzione dei confl itti non si fossero soltanto mantenuti ma fossero stati prontamente inseriti nelle formule rituali del diritto scritto. E non solo, ma soprattutto il sistema consuetudinario di risoluzione dei confl itti che, nella
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Listine o sporu med oglejskim patriarhom in goriškim grofom (1267–1277), ki so v ospredju pričujočega članka, kažejo tedanje značilnosti sistema reševanja sporov. To je čas, ko so se z vzponom srednjeveških mest oblikovale izobraževalne... more
Listine o sporu med oglejskim patriarhom in goriškim grofom (1267–1277), ki so v ospredju pričujočega članka, kažejo tedanje značilnosti sistema reševanja sporov. To je čas, ko so se z vzponom srednjeveških mest oblikovale izobraževalne ustanove, zlasti univerze, ki so bistveno pripomogle k razširjenosti pisave kot kulturno-tehnološkega pripomočka za izvajanje oblasti. To je še čas, ko je t. i. učeno pravo črpalo svojo snov tako iz dediščine rimskega prava, ki je tedaj ponovno vzniknila, kot iz vrste pravnih določb germanskih predpisov, če naj jih tako poimenujemo skladno z zbirko Monumenta Historica Germanica, svojskosti mestnega prava ter še zlasti na podlagi običajnega prava, ki v svoji idealizirani podobi in s pomočjo obreda izražajo družbene vrednote temelječe na mediaciji skupnosti, reciprociteti in težnji k trajnem miru. Primerjave z običajem reševanja sporov v Črni gori, Albaniji in Hercegovini potrjujejo hipotezo o mnogih sledeh ritualnih in procesnih značilnosti običaja v učenem pravu. Potrjujejo še, da je bil običajni sistem reševanja sporov, imenovan tudi vindicta, faida, krvna osveta, gjakmarrja …, koncept. Ritualno je sestavljen iz treh faz: dar (kompromis), premirje (prisega) in trajni mir (amor). Tri faze, ki jih je v delu Simbolno obredje vazalstva na primeru investiture vitezov briljantno opisal Le Goff, veljajo na ravni organizacije posvetne oblasti. Koncept, ki se je očitno razvil že v primarnih človeških skupnostih.
Oblikovanju učenega prava tako lahko sledimo tudi na primeru spora med oglejskim patriarhom in goriškim grofom v drugi polovici 13. stoletja. Vseh 10 obravnavanih dokumentov o reševanju spora pri sestavljanju listin namreč sledi napotkom bolonjskega notarja, sodnika in univerzitetnega profesorja Rolandina (Rolandinus Rodulphi de Passageriis) iz druge polovice 13. stoletja. Rolandino med drugim pravi, da ni pravega trajnega miru, če si tega ne zagotovita neposredno odgovorni strani v konfliktu, in to potrdita tudi s poljubom miru. Prav te dikcije v zapisanem pravu pričajo, kako so se ritualni obrazci in ritualne geste običajnega sistema reševanja konfliktov ne le obdržali, temveč bili neposredno sprejeti v ritualnih obrazcih učenega prava.
V družbenih odnosih in interakcijah so spori ne le odraz nenehnega boja za resurse, temveč so družbeno konstitutivni, so vgrajeni v sistem družbenega reda. Spori namreč generirajo tudi zavezništva med različnimi skupinami, v preteklosti v glavnem sorodstveno oziroma klansko povezanih. To je globalni strukturni vidik sporov, lokalni ali partikularni vidik pa se v praksi kaže tako, da v boju za resurse v spletu posameznih okoliščin prevladajo tisti, ki uspejo združiti čim več različnih in pogosto konfliktnih lojalnih zavezništev, kar je očitno v našem obravnavanem sporu bolje uspevalo goriškim grofom kot pa oglejskim patriarhom. Toda njuna nasprotja so na njune teritorije privedla druge igralce: Benečane in Habsburžane.
Ključne besede: fajda, krvno maščevanje, dar, premirje, mir, oglejski patriarhi, goriški grofi, Momjan, Petrapilosa, Istra
Oblikovanju učenega prava tako lahko sledimo tudi na primeru spora med oglejskim patriarhom in goriškim grofom v drugi polovici 13. stoletja. Vseh 10 obravnavanih dokumentov o reševanju spora pri sestavljanju listin namreč sledi napotkom bolonjskega notarja, sodnika in univerzitetnega profesorja Rolandina (Rolandinus Rodulphi de Passageriis) iz druge polovice 13. stoletja. Rolandino med drugim pravi, da ni pravega trajnega miru, če si tega ne zagotovita neposredno odgovorni strani v konfliktu, in to potrdita tudi s poljubom miru. Prav te dikcije v zapisanem pravu pričajo, kako so se ritualni obrazci in ritualne geste običajnega sistema reševanja konfliktov ne le obdržali, temveč bili neposredno sprejeti v ritualnih obrazcih učenega prava.
V družbenih odnosih in interakcijah so spori ne le odraz nenehnega boja za resurse, temveč so družbeno konstitutivni, so vgrajeni v sistem družbenega reda. Spori namreč generirajo tudi zavezništva med različnimi skupinami, v preteklosti v glavnem sorodstveno oziroma klansko povezanih. To je globalni strukturni vidik sporov, lokalni ali partikularni vidik pa se v praksi kaže tako, da v boju za resurse v spletu posameznih okoliščin prevladajo tisti, ki uspejo združiti čim več različnih in pogosto konfliktnih lojalnih zavezništev, kar je očitno v našem obravnavanem sporu bolje uspevalo goriškim grofom kot pa oglejskim patriarhom. Toda njuna nasprotja so na njune teritorije privedla druge igralce: Benečane in Habsburžane.
Ključne besede: fajda, krvno maščevanje, dar, premirje, mir, oglejski patriarhi, goriški grofi, Momjan, Petrapilosa, Istra
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Storici provenienti da diversi paesi europei riprendono in questo volume un dibattito ormai classico ma sempre di grande interesse e vivacita su un fenomeno sociale comune a diverse realta mediterranee come quello dei banditismo e della... more
Storici provenienti da diversi paesi europei riprendono in questo volume un dibattito ormai classico ma sempre di grande interesse e vivacita su un fenomeno sociale comune a diverse realta mediterranee come quello dei banditismo e della violenza nobiliare. Si e voluto in questa sede cercare una conferma della tesi di Fernand Braudel sulla " ubiquita " dei banditismo mediterraneo, visto non solo come fenomeno di delinquenza " comune " o di ribellismo popolare, bensi anche come fenomeno parapolitico di straordinaria dimensione che fra Cinque e Seicento coinvolge in maniera trasversale i diversi ceti sociali, sinnerva nei legami fra signori e banditi, tocca in molti casi le realta urbane al pari di quelle rurali e muove valori morali e sentimenti che vanno molto al di la della semplice protesta " sociale " .
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D a r k o D a r o v e c , L'impresa mercantilistica di Gianrinaldo Carli: il lanificio di Cere presso Capodistria ABSTRACT II contributo prende in considerazione un periodo di cinque anni (1759-1764) della vita di Gian Rinaldo Carli... more
D a r k o D a r o v e c , L'impresa mercantilistica di Gianrinaldo Carli: il lanificio di Cere presso Capodistria
ABSTRACT
II contributo prende in considerazione un periodo di cinque anni (1759-1764) della vita di Gian Rinaldo Carli che, come teorico del mercantilismo, tento di misurarsi attivamente in campo economico con un impianto di lavorazione e colorazione della lana nella sua tenuta di Cere presso Capodistria. Nel programmare il suo successo economico fece affidamento soprattutto sulla forza lavoro e sidle materie prime a basso costo e sulla richiesta dei v id n i mercati, soprattutto dell'allora retroterra austriaco e del porto di Trieste in espansione. L'impresa, notevole per 1’epoca, alimentata anche da svariate attivita culturali e scientifiche, nonche dal tentativo di introdurre m oderni m etodi di viticoltura e vinicoltura, si concluse in un insuccesso. Proprio le maggiori aspettative del grande teorico ed economista andarono deluse: si scontra con i radicati e tradizionali rapporti sociali della citta e della campagna, mentre il mercato non era ancora pronto a recepire iniziative di sapore moderno. Anche le autoritá centrali, che d'altro canto si dichiaravano estremamente disponibili a sovvenzionare moderni rapporti economici di produzione, furono latitanti nella prassi.
ABSTRACT
II contributo prende in considerazione un periodo di cinque anni (1759-1764) della vita di Gian Rinaldo Carli che, come teorico del mercantilismo, tento di misurarsi attivamente in campo economico con un impianto di lavorazione e colorazione della lana nella sua tenuta di Cere presso Capodistria. Nel programmare il suo successo economico fece affidamento soprattutto sulla forza lavoro e sidle materie prime a basso costo e sulla richiesta dei v id n i mercati, soprattutto dell'allora retroterra austriaco e del porto di Trieste in espansione. L'impresa, notevole per 1’epoca, alimentata anche da svariate attivita culturali e scientifiche, nonche dal tentativo di introdurre m oderni m etodi di viticoltura e vinicoltura, si concluse in un insuccesso. Proprio le maggiori aspettative del grande teorico ed economista andarono deluse: si scontra con i radicati e tradizionali rapporti sociali della citta e della campagna, mentre il mercato non era ancora pronto a recepire iniziative di sapore moderno. Anche le autoritá centrali, che d'altro canto si dichiaravano estremamente disponibili a sovvenzionare moderni rapporti economici di produzione, furono latitanti nella prassi.
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On the occasion of the thirtieth anniversary of Slovenian statehood, the scientific monograph, which provides an overview of developments in various fields in the last three decades in Slovenia, is a particularly welcome work. The time... more
On the occasion of the thirtieth anniversary of Slovenian statehood, the scientific monograph, which provides an overview of developments in various fields in the last three decades in Slovenia, is a particularly welcome work. The time gap from the events of thirty years ago allows for critical reflection and a look into the past, which is also focused on the future.
Contributions were written by 34 authors, experts and connoisseurs of various aspects of development in Slovenia: from historical turning points, political, cultural and religious issues, education, nature conservation, agriculture, tourism, problems of the Slovenian minority and diaspora, and other social topics to the issue of Slovenia and Euro-Atlantic integrations. The content design of the work is sensible and logical, although it consists of apparently heterogeneous contents, these are connected in thematically closed chapters that merge into a unified whole. In individual contributions, the (co)authors carefully analyze individual areas and their development, structuring, as well as successes, failures and potential new challenges. Even if at first glance it seems that the book is set very broadly, it has its own internal and external logic. It is internal in that it is designed according to the "funnel principle", which means that it goes from the general to the concrete; externally, it shows itself in such a way that, in addition to dealing with domestic political issues, Slovenia is also treated in a broader context based on comparative analyses. Thus, the monograph does not look at Slovenian development from independence to the present only from a hic et nunc perspective, but tries to analyze events and developments in Slovenia by placing them in the European Union environment and also in the wider international environment.
Contributions were written by 34 authors, experts and connoisseurs of various aspects of development in Slovenia: from historical turning points, political, cultural and religious issues, education, nature conservation, agriculture, tourism, problems of the Slovenian minority and diaspora, and other social topics to the issue of Slovenia and Euro-Atlantic integrations. The content design of the work is sensible and logical, although it consists of apparently heterogeneous contents, these are connected in thematically closed chapters that merge into a unified whole. In individual contributions, the (co)authors carefully analyze individual areas and their development, structuring, as well as successes, failures and potential new challenges. Even if at first glance it seems that the book is set very broadly, it has its own internal and external logic. It is internal in that it is designed according to the "funnel principle", which means that it goes from the general to the concrete; externally, it shows itself in such a way that, in addition to dealing with domestic political issues, Slovenia is also treated in a broader context based on comparative analyses. Thus, the monograph does not look at Slovenian development from independence to the present only from a hic et nunc perspective, but tries to analyze events and developments in Slovenia by placing them in the European Union environment and also in the wider international environment.
Research Interests: Cultural History, Economic History, Comparative Politics, International Relations, Sustainable Development, and 10 moreForeign Policy, Agricultural Economics, Slovene literature, Sustainable Tourism, Social History, European Union Politics, Slovenian History, Interdisciplinary research (Social Sciences), Slovenia, and Slovenian Language
This book includes presentation of some case studies of blood feud in the Upper Adriatic area in medieval and modern age. Their fundamental purpose is to present the changes in the social system of conflict resolution that have occurred... more
This book includes presentation of some case studies of blood feud in the Upper Adriatic area in medieval and modern age. Their fundamental purpose is to present the changes in the social system of conflict resolution that have occurred with establishing of modern state authority in the early modern period. The case studies are based on the interdisciplinary comparative approach of historical, legal and anthropological scientific disciplines.
Studies published in this book, were conducted within a research project “FAIDA. Feud and blood feud between customary law and legal process in medieval and early modern Europe. The case of Upper-Adriatic area«. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme, Grant Agreement Number 627936 (More information and other material also available at: http://www.unive.it/faida_msca).
Studies published in this book, were conducted within a research project “FAIDA. Feud and blood feud between customary law and legal process in medieval and early modern Europe. The case of Upper-Adriatic area«. This research was supported by a Marie Curie Intra European Fellowship within the 7th European Community Framework Programme, Grant Agreement Number 627936 (More information and other material also available at: http://www.unive.it/faida_msca).
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While relatively favourable economic trends were characteristic of the Istrian peninsula in the period of Venetian supremacy from the mid-thirteenth to the mid-sixteenth centuries, a stagnation and even decline in economic development... more
While relatively favourable economic trends were characteristic of the Istrian peninsula in the period of Venetian supremacy from the mid-thirteenth to the mid-sixteenth centuries, a stagnation and even decline in economic development were prevalent - at least in comparison with neighbouring Italy and hinterlands of today's Slovenia and Croatia - from the mid-sixteenth to the mid-nineteenth centuries in northern and especially the remaining parts of Venetian Istria.
There were a number of causes for the events which played an important part in the creation of the economic structure of the Istrian society. One of the major ones was no doubt linked to the general historical development of the world, which followed the discovery of America and thus the transfer of the main European trade currents from the Mediterranean to the shores of the Atlantic. Although the impact of the geographic discoveries on the stability of the Venetian Republic had no immediate effect, the inability of the republic to adjust was already apparent during the first serious crisis redounding from the political circumstances of military encounters with the advancing Ottoman Empire on one hand and battles for economic supremacy over the neighbouring catholic states on the other. The consequences of military successes without major acquisitions by this relatively small state, which nonetheless spread widely down the Adriatic and into some enclaves of the Greek world, were in the 16th and ensuing centuries felt not so much in the metropolis but elsewhere, particularly in Istria. The incessant threats of military encounters, Turkish invasions and especially of frequent epidemic diseases, all of which combined to make of the Istrian people paupers, shaped the Istrian economic and demographic trends.
The continuity in the traditional production relations is also reflected in the stratification of the northern Istrian social structure of that time. The few town noblemen only exceptionally allowed certain communal institutions to be run by an equally few merchants and tradesmen; most townsmen were farmers, fishermen and sailors who were also engaged in the seasonal work of salt-making but had no opportunity to take part in the machinations of the ruling structures. An increasingly greater role in the economic life was played by the numerous lay and ecclesiastic brotherhoods from the end of the 16th to the 18th centuries, mainly through land tenure, providing the acquisition of rent based on the old colonate principle. The transfer or reinvestment of the leases of brotherhoods' land rents, implemented through the Monte di Pietà institutions, was also clearly profitable.
Social relations, formed and rooted in earlier periods, survived in Istria even after the period of Venetian supremacy, which simply (in contrast to the period up to the 16th century) did little for the development of the Istrian economy. It is interesting, however, that in the second half of the 18th century, when in spite of all a certain economic progress was apparent, both the Venetian and local authorities put most of the guilt for their failures on the local, predominantly rural population of the hinterland, which was, according to them, disinterested and inert. Such stereotypes of mostly Slav populations were subsequently shrewdly used, in their nationalistic endeavours, by Italian Istrian irredentists prior and after World War I as well as by Yugoslav authorities after World War II.
There were a number of causes for the events which played an important part in the creation of the economic structure of the Istrian society. One of the major ones was no doubt linked to the general historical development of the world, which followed the discovery of America and thus the transfer of the main European trade currents from the Mediterranean to the shores of the Atlantic. Although the impact of the geographic discoveries on the stability of the Venetian Republic had no immediate effect, the inability of the republic to adjust was already apparent during the first serious crisis redounding from the political circumstances of military encounters with the advancing Ottoman Empire on one hand and battles for economic supremacy over the neighbouring catholic states on the other. The consequences of military successes without major acquisitions by this relatively small state, which nonetheless spread widely down the Adriatic and into some enclaves of the Greek world, were in the 16th and ensuing centuries felt not so much in the metropolis but elsewhere, particularly in Istria. The incessant threats of military encounters, Turkish invasions and especially of frequent epidemic diseases, all of which combined to make of the Istrian people paupers, shaped the Istrian economic and demographic trends.
The continuity in the traditional production relations is also reflected in the stratification of the northern Istrian social structure of that time. The few town noblemen only exceptionally allowed certain communal institutions to be run by an equally few merchants and tradesmen; most townsmen were farmers, fishermen and sailors who were also engaged in the seasonal work of salt-making but had no opportunity to take part in the machinations of the ruling structures. An increasingly greater role in the economic life was played by the numerous lay and ecclesiastic brotherhoods from the end of the 16th to the 18th centuries, mainly through land tenure, providing the acquisition of rent based on the old colonate principle. The transfer or reinvestment of the leases of brotherhoods' land rents, implemented through the Monte di Pietà institutions, was also clearly profitable.
Social relations, formed and rooted in earlier periods, survived in Istria even after the period of Venetian supremacy, which simply (in contrast to the period up to the 16th century) did little for the development of the Istrian economy. It is interesting, however, that in the second half of the 18th century, when in spite of all a certain economic progress was apparent, both the Venetian and local authorities put most of the guilt for their failures on the local, predominantly rural population of the hinterland, which was, according to them, disinterested and inert. Such stereotypes of mostly Slav populations were subsequently shrewdly used, in their nationalistic endeavours, by Italian Istrian irredentists prior and after World War I as well as by Yugoslav authorities after World War II.
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While relatively favourable economic trends were characteristic of the Istrian peninsula in the period of Venetian supremacy from the mid-thirteenth to the mid-sixteenth centuries, a stagnation and even decline in economic development... more
While relatively favourable economic trends were characteristic of the Istrian peninsula in the period of Venetian supremacy from the mid-thirteenth to the mid-sixteenth centuries, a stagnation and even decline in economic development were prevalent - at least in comparison with neighbouring Italy and hinterlands of today's Slovenia and Croatia - from the mid-sixteenth to the mid-nineteenth centuries in northern and especially the remaining parts of Venetian Istria.
There were a number of causes for the events which played an important part in the creation of the economic structure of the Istrian society. One of the major ones was no doubt linked to the general historical development of the world, which followed the discovery of America and thus the transfer of the main European trade currents from the Mediterranean to the shores of the Atlantic. Although the impact of the geographic discoveries on the stability of the Venetian Republic had no immediate effect, the inability of the republic to adjust was already apparent during the first serious crisis redounding from the political circumstances of military encounters with the advancing Ottoman Empire on one hand and battles for economic supremacy over the neighbouring catholic states on the other. The consequences of military successes without major acquisitions by this relatively small state, which nonetheless spread widely down the Adriatic and into some enclaves of the Greek world, were in the 16th and ensuing centuries felt not so much in the metropolis but elsewhere, particularly in Istria. The incessant threats of military encounters, Turkish invasions and especially of frequent epidemic diseases, all of which combined to make of the Istrian people paupers, shaped the Istrian economic and demographic trends.
The continuity in the traditional production relations is also reflected in the stratification of the northern Istrian social structure of that time. The few town noblemen only exceptionally allowed certain communal institutions to be run by an equally few merchants and tradesmen; most townsmen were farmers, fishermen and sailors who were also engaged in the seasonal work of salt-making but had no opportunity to take part in the machinations of the ruling structures. An increasingly greater role in the economic life was played by the numerous lay and ecclesiastic brotherhoods from the end of the 16th to the 18th centuries, mainly through land tenure, providing the acquisition of rent based on the old colonate principle. The transfer or reinvestment of the leases of brotherhoods' land rents, implemented through the Monte di Pietà institutions, was also clearly profitable.
Social relations, formed and rooted in earlier periods, survived in Istria even after the period of Venetian supremacy, which simply (in contrast to the period up to the 16th century) did little for the development of the Istrian economy. It is interesting, however, that in the second half of the 18th century, when in spite of all a certain economic progress was apparent, both the Venetian and local authorities put most of the guilt for their failures on the local, predominantly rural population of the hinterland, which was, according to them, disinterested and inert. Such stereotypes of mostly Slav populations were subsequently shrewdly used, in their nationalistic endeavours, by Italian Istrian irredentists prior and after World War I as well as by Yugoslav authorities after World War II.
There were a number of causes for the events which played an important part in the creation of the economic structure of the Istrian society. One of the major ones was no doubt linked to the general historical development of the world, which followed the discovery of America and thus the transfer of the main European trade currents from the Mediterranean to the shores of the Atlantic. Although the impact of the geographic discoveries on the stability of the Venetian Republic had no immediate effect, the inability of the republic to adjust was already apparent during the first serious crisis redounding from the political circumstances of military encounters with the advancing Ottoman Empire on one hand and battles for economic supremacy over the neighbouring catholic states on the other. The consequences of military successes without major acquisitions by this relatively small state, which nonetheless spread widely down the Adriatic and into some enclaves of the Greek world, were in the 16th and ensuing centuries felt not so much in the metropolis but elsewhere, particularly in Istria. The incessant threats of military encounters, Turkish invasions and especially of frequent epidemic diseases, all of which combined to make of the Istrian people paupers, shaped the Istrian economic and demographic trends.
The continuity in the traditional production relations is also reflected in the stratification of the northern Istrian social structure of that time. The few town noblemen only exceptionally allowed certain communal institutions to be run by an equally few merchants and tradesmen; most townsmen were farmers, fishermen and sailors who were also engaged in the seasonal work of salt-making but had no opportunity to take part in the machinations of the ruling structures. An increasingly greater role in the economic life was played by the numerous lay and ecclesiastic brotherhoods from the end of the 16th to the 18th centuries, mainly through land tenure, providing the acquisition of rent based on the old colonate principle. The transfer or reinvestment of the leases of brotherhoods' land rents, implemented through the Monte di Pietà institutions, was also clearly profitable.
Social relations, formed and rooted in earlier periods, survived in Istria even after the period of Venetian supremacy, which simply (in contrast to the period up to the 16th century) did little for the development of the Istrian economy. It is interesting, however, that in the second half of the 18th century, when in spite of all a certain economic progress was apparent, both the Venetian and local authorities put most of the guilt for their failures on the local, predominantly rural population of the hinterland, which was, according to them, disinterested and inert. Such stereotypes of mostly Slav populations were subsequently shrewdly used, in their nationalistic endeavours, by Italian Istrian irredentists prior and after World War I as well as by Yugoslav authorities after World War II.
Research Interests:
Darko Darovec HISTOIRE BRÈVE DE L’ISTRIE Forum, Udine 2010 RÉSUMÉ L’auteur nous brosse un tableau des plus importants changements politiques, administratifs et ethniques enregistrés dans la péninsule istrienne. Il constate, par... more
Darko Darovec
HISTOIRE BRÈVE DE L’ISTRIE
Forum, Udine 2010
RÉSUMÉ
L’auteur nous brosse un tableau des plus importants changements politiques, administratifs et ethniques enregistrés dans la péninsule istrienne. Il constate, par exemple, que les premiers habitants desquels existent notices certaines ont été les Histres, qui à la péninsule ont donné son nom. En 178 av. J.-C. ils ont été battus et soumis par les Romains. En 476 aux Romains ont succédé les Goths, ensuite les Byzantins (en 539) et les Francs (en 788). Sous la domination des empereurs du Saint Empire Romain Allemand, la région a été incluse dans plusieurs groupements politiques et administratifs, principautés et comtés, jusqu’à devenir vers 1060 à son tour un margraviat autonome. Ses seigneurs étaient les Patriarches de Aquilée, qui ont assumée aussi tout le pouvoir spirituel et ont été destitués seulement en 1420 par l’expansion de l’influence vénitienne sur une grande partie de la péninsule. Sa partie centrale, la soi-disant Comté de Pazin, est resté sous la domination des Hasbourg de 1374 à la chute de Venise en 1797. La période napoléonienne a apporté des changements profonds dans le domaine social et administratif. La conséquence directe des conquêtes napoléoniennes a été la domination autrichienne sur l’Istrie, durée plus d’un siècle (de 1797 à 1806 et de 1813 à 1918). Après la première guerre mondiale, l’Istrie est passée sous la domination de l’Italie, qui toutefois après la seconde guerre mondiale a gardé seulement une partie très petite de la région (les villes de Muggia et San Dorligo), alors que la Slovénie a eu les arrondissements de Koper, Izola, Piran et Podgrad, et la partie restante, plus grande, l’a obtenu la Croatie.
À travers les siècles a changé aussi l’organisation géografique-administrative de l’Istrie. Au temps des Romains et au Moyen Age l’Istrie comprend le territoire au sud des fleuves Timav et Vipava, de Mont Trstenik – près de Postojna – et Mont Snežnik, jusqu’à le fleuve Rasa et le golfe du Kvarner. Au VI et VII siècle, avec le terme Istrie il était usage d’indiquer tous les territoires byzantins dans le haut-Adriatique (Istrie, Aquilée et Venise). Plus tard, avec la désagrégation intervenue à l’époque de la féodalité en plein développement (de XI au XIII siècle) et au bas Moyen Age (du XIV au XV siècle), l’Istrie a vu réduire son territoire jusqu’à rester restreinte dans les limites du margraviat existant déja du temps des seigneurs allemands et plus tard sous la domination autrichienne jusqu’à XIX siècle. En ce temps-là ses limites septentrionaux concordaient avec ceux des communes de Muggia, San Dorligo et Podgrad, là où la frontière tourne vers Rijeka. Trieste est resté hors du territoire administratif de l’Istrie jusqu’à X siècle. Depuis la moitié du XI siècle est entré à faire partie de l’Istrie aussi le territoire à l’est du fleuve Rasa jusqu’à Trsat. Après la seconde guerre mondiale, habituellement on admet que l’Istrie commence par la commune de Koper.
Les siècles de l’histoire istrienne sont caractérisés de nombreux changements etniques, dictés par les événements politiques et économiques. Presque sept siècles de domination romaine ont apporté à une costante colonisation, c’est-à-dire à un transfert de population des régions italiques a’autres régions conquises par les Romains. Ainsi la population autochtone a été complètement romanisée. Un autre changement ethnigue, décisif pour l’Istrie, a été l’arrivée des Slaves dans les Balkans au VI siècle. Dans les siècles suivants les Slaves ont déchaussé la population romane qui de toute façon a continué à augmenter par l’arrivée de nouveaux immigrés des régions italiques. Le moment décisif pour le dessus des Slaves est sorti des pressions provenantes de l’est et en partie aussi des conditions difficiles de vie en Istrie (maladies endemiques, épidémies et guerres) qui ont permis de survivre seulement à la partie plus résistante de la population.
Les pressions provenantes de l’est (la défense et la fuite devant les turcs) a exercé une influence sur la définition des limites nationaux entre les principaux populations slaves de l’Istrie, les Slovènes et les Croates. Déjà à partir du dernièr siècle, les experts de différentes matières humanistes fixaient la ligne de démarcation entre les deux groupes ethniques sur le fleuve Dragonja. Les Italiens au contraire étaient en majorité dans les centres commerciaux de la côte et formaient ainsi une étroite bande mononationale le long de la côte istrienne. Dans le domaine économique l’artisanat et le commerce des villes l’emportaient sur l’agriculture de l’hinterland. D’ici dérivent aussi les différences patrimoniales et culturelles entre les Italiens et les populations slaves istriennes, qui par l’évolution de la situation au siècle passé et dans notre siècle ont fait exploder les nationalismes et les haines entre les ethnies, lesquelles ont abouti en exodes de la population.
HISTOIRE BRÈVE DE L’ISTRIE
Forum, Udine 2010
RÉSUMÉ
L’auteur nous brosse un tableau des plus importants changements politiques, administratifs et ethniques enregistrés dans la péninsule istrienne. Il constate, par exemple, que les premiers habitants desquels existent notices certaines ont été les Histres, qui à la péninsule ont donné son nom. En 178 av. J.-C. ils ont été battus et soumis par les Romains. En 476 aux Romains ont succédé les Goths, ensuite les Byzantins (en 539) et les Francs (en 788). Sous la domination des empereurs du Saint Empire Romain Allemand, la région a été incluse dans plusieurs groupements politiques et administratifs, principautés et comtés, jusqu’à devenir vers 1060 à son tour un margraviat autonome. Ses seigneurs étaient les Patriarches de Aquilée, qui ont assumée aussi tout le pouvoir spirituel et ont été destitués seulement en 1420 par l’expansion de l’influence vénitienne sur une grande partie de la péninsule. Sa partie centrale, la soi-disant Comté de Pazin, est resté sous la domination des Hasbourg de 1374 à la chute de Venise en 1797. La période napoléonienne a apporté des changements profonds dans le domaine social et administratif. La conséquence directe des conquêtes napoléoniennes a été la domination autrichienne sur l’Istrie, durée plus d’un siècle (de 1797 à 1806 et de 1813 à 1918). Après la première guerre mondiale, l’Istrie est passée sous la domination de l’Italie, qui toutefois après la seconde guerre mondiale a gardé seulement une partie très petite de la région (les villes de Muggia et San Dorligo), alors que la Slovénie a eu les arrondissements de Koper, Izola, Piran et Podgrad, et la partie restante, plus grande, l’a obtenu la Croatie.
À travers les siècles a changé aussi l’organisation géografique-administrative de l’Istrie. Au temps des Romains et au Moyen Age l’Istrie comprend le territoire au sud des fleuves Timav et Vipava, de Mont Trstenik – près de Postojna – et Mont Snežnik, jusqu’à le fleuve Rasa et le golfe du Kvarner. Au VI et VII siècle, avec le terme Istrie il était usage d’indiquer tous les territoires byzantins dans le haut-Adriatique (Istrie, Aquilée et Venise). Plus tard, avec la désagrégation intervenue à l’époque de la féodalité en plein développement (de XI au XIII siècle) et au bas Moyen Age (du XIV au XV siècle), l’Istrie a vu réduire son territoire jusqu’à rester restreinte dans les limites du margraviat existant déja du temps des seigneurs allemands et plus tard sous la domination autrichienne jusqu’à XIX siècle. En ce temps-là ses limites septentrionaux concordaient avec ceux des communes de Muggia, San Dorligo et Podgrad, là où la frontière tourne vers Rijeka. Trieste est resté hors du territoire administratif de l’Istrie jusqu’à X siècle. Depuis la moitié du XI siècle est entré à faire partie de l’Istrie aussi le territoire à l’est du fleuve Rasa jusqu’à Trsat. Après la seconde guerre mondiale, habituellement on admet que l’Istrie commence par la commune de Koper.
Les siècles de l’histoire istrienne sont caractérisés de nombreux changements etniques, dictés par les événements politiques et économiques. Presque sept siècles de domination romaine ont apporté à une costante colonisation, c’est-à-dire à un transfert de population des régions italiques a’autres régions conquises par les Romains. Ainsi la population autochtone a été complètement romanisée. Un autre changement ethnigue, décisif pour l’Istrie, a été l’arrivée des Slaves dans les Balkans au VI siècle. Dans les siècles suivants les Slaves ont déchaussé la population romane qui de toute façon a continué à augmenter par l’arrivée de nouveaux immigrés des régions italiques. Le moment décisif pour le dessus des Slaves est sorti des pressions provenantes de l’est et en partie aussi des conditions difficiles de vie en Istrie (maladies endemiques, épidémies et guerres) qui ont permis de survivre seulement à la partie plus résistante de la population.
Les pressions provenantes de l’est (la défense et la fuite devant les turcs) a exercé une influence sur la définition des limites nationaux entre les principaux populations slaves de l’Istrie, les Slovènes et les Croates. Déjà à partir du dernièr siècle, les experts de différentes matières humanistes fixaient la ligne de démarcation entre les deux groupes ethniques sur le fleuve Dragonja. Les Italiens au contraire étaient en majorité dans les centres commerciaux de la côte et formaient ainsi une étroite bande mononationale le long de la côte istrienne. Dans le domaine économique l’artisanat et le commerce des villes l’emportaient sur l’agriculture de l’hinterland. D’ici dérivent aussi les différences patrimoniales et culturelles entre les Italiens et les populations slaves istriennes, qui par l’évolution de la situation au siècle passé et dans notre siècle ont fait exploder les nationalismes et les haines entre les ethnies, lesquelles ont abouti en exodes de la population.
Research Interests: Modern History, Late Antique and Byzantine Studies, Medieval History, Contemporary History, Venetian History, and 11 moreAntiquity, Italy, Istrian history, Croatia, Slovenia, Habsburg Monarchy, History of (Early) Modern Nobility, administrative history, Istra, Istria, Istrian culture, Istria e Dalmazia, and Otoman Empire
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ZBORNIK POVZETKOV BOOK OF ABSTRACTS MEDNARODNA ZNANSTVENA KONFERENCA KULTURA SPOMINJANJA GRADNIKOV NARODA IN DRŽAVE: SLOVENIJA IN EVROPA INTERNATIONAL CONFERENCE CULTURAL MEMORY OF NATION- AND STATE-BUILDING: SLOVENIA AND EUROPE... more
ZBORNIK POVZETKOV
BOOK OF ABSTRACTS
MEDNARODNA ZNANSTVENA KONFERENCA
KULTURA SPOMINJANJA
GRADNIKOV NARODA IN DRŽAVE:
SLOVENIJA IN EVROPA
INTERNATIONAL CONFERENCE
CULTURAL MEMORY
OF NATION- AND STATE-BUILDING:
SLOVENIA AND EUROPE
22. in 23. junija 2021 = 22 and 23 June 2021
preko MS Teams = with MS Teams
BOOK OF ABSTRACTS
MEDNARODNA ZNANSTVENA KONFERENCA
KULTURA SPOMINJANJA
GRADNIKOV NARODA IN DRŽAVE:
SLOVENIJA IN EVROPA
INTERNATIONAL CONFERENCE
CULTURAL MEMORY
OF NATION- AND STATE-BUILDING:
SLOVENIA AND EUROPE
22. in 23. junija 2021 = 22 and 23 June 2021
preko MS Teams = with MS Teams
Research Interests:
Research Interests:
Research Interests:
The paper presents a case study of the judicial process in 1401 due to the vendetta between the serfs in the Friulian village on the border between the Romance and Slavic population in order to display the ritual of the customary system... more
The paper presents a case study of the judicial process in 1401 due to the vendetta between the serfs in the Friulian village on the border between the Romance and Slavic population in order to display the ritual of the customary system of conflicts resolution in the medieval community. To illustrate the changes in the customary system, which arose first with the introduction of written law, then even more radically with the introduction of state law, another case studies are introduced, namely the feud between the Patriarchs of Aquileia and Counts of Gorizia in the years 1267-1277, Marseille in the middle of the 14th Century and the vendetta in Koper in 1686. The comparative study takes into consideration the findings of research on customary system of conflicts resolution in Montenegro and Albania on the basis of two sources: a survey from the second half of the 19th century, conducted among Montenegrins, Albanians and Hercegovians by Valtazar Bogišić, and the Kanun of Lekë Dukagjini.
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Already three famous Istrian historians from the 19th and first half of the 20th Century, Carlo De Franceschi, Bernardo Benussi and Giovanni De Vergottini, devoted relatively much attention to the issue of the so-called »oaths of fealty«... more
Already three famous Istrian historians from the 19th and first half of the 20th Century, Carlo De Franceschi, Bernardo Benussi and Giovanni De Vergottini, devoted relatively much attention to the issue of the so-called »oaths of fealty« (fidelitas), dedicated in the 12th Century to the Venetian Republic by the most important Istrian cities: Capodistria and Isola (1145), Pola (1145, 1149, 1153), Rovigno, Parenzo, Cittanova, Umago, Pirano (1150), Muggia and Trieste (1202).
Still today, historiography questions whether the purpose of those oaths of fealty (fidelitas) was to conclude friendships between the equal communities or was just a form of alliances against common enemies, or were even the subordination of Istrian towns? Or only an act, as said by Kandler, that “nè importava maggior debito che di non osteggiare e tradire”.
At a different constellation of historical events, these oaths of fealty could probably remain only witnesses of the diversified maritime economic activities between the upper Mediterranean and Central Europe, but subsequent events clearly testify in support of the fact that those oaths of fealty, dedicated to the Venetian Republic by Istrian towns, were the first step towards the later direct subordination of Istrian towns, the basis of the process which ended only in 1420 with the collapse of the secular power of the patriarchs of Aquileia, while at the same time the basis of the process which led towards the Venetian Stato da Mar. In regards to this phenomenon is surprising the fact that at that time the Istrian towns were part of Empire while the Republic of Venice was marked as his enemy.
This paper argues that the above events should be understood and interpreted in accordance with then prevailing system of conflict resolution and within the framework of the ritual: homage, fealty, peace (homagium, fidelitas, pax).
Still today, historiography questions whether the purpose of those oaths of fealty (fidelitas) was to conclude friendships between the equal communities or was just a form of alliances against common enemies, or were even the subordination of Istrian towns? Or only an act, as said by Kandler, that “nè importava maggior debito che di non osteggiare e tradire”.
At a different constellation of historical events, these oaths of fealty could probably remain only witnesses of the diversified maritime economic activities between the upper Mediterranean and Central Europe, but subsequent events clearly testify in support of the fact that those oaths of fealty, dedicated to the Venetian Republic by Istrian towns, were the first step towards the later direct subordination of Istrian towns, the basis of the process which ended only in 1420 with the collapse of the secular power of the patriarchs of Aquileia, while at the same time the basis of the process which led towards the Venetian Stato da Mar. In regards to this phenomenon is surprising the fact that at that time the Istrian towns were part of Empire while the Republic of Venice was marked as his enemy.
This paper argues that the above events should be understood and interpreted in accordance with then prevailing system of conflict resolution and within the framework of the ritual: homage, fealty, peace (homagium, fidelitas, pax).
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Franc Miklošič was undoubtedly one of the most educated, internationally renowned and influential Slovene intellectuals of the second half of the nineteenth century and is foremost regarded as a philologist, linguist and one of the... more
Franc Miklošič was undoubtedly one of the most educated, internationally renowned and influential Slovene intellectuals of the second half of the nineteenth century and is foremost regarded as a philologist, linguist and one of the founders of Slavic studies. However, Miklošič's intellectual versatility also led to his engagement with history, ethnography, anthropology and law, predicated on interdisciplinary and comparative approaches. Apart from a few translations of Austrian legislation into Slovene, Miklošič did not devote himself to legal matters, with the exception of blood feud in Die Blutrache bei den Slaven (1887), one of the key works on the topic at the time. Although he agreed with the evolutionist and legal positivist views of his time on the State as the pinnacle of civilization, compared to the supposed chaos of prior societies (which continue to remain popular), in Blutrache Miklošič also presented the characteristics of the customary system of conflict resolution in kinship-based societies, which attest to the complexity of social relations in premodern Europe. It is with the help of Miklošič's work that this paper reconstructs the customary ritual of conflict resolution, which was known to all premodern European societies, and presents the attitude of his and later times towards blood feud.